Formal PEB with appeal or Retirement

[slt]

I am currently in the Army Reserves. I have 13+ years of active duty and 3+ years of reserve time. I was diagnosed with stage 3 chronic kidney disease/polycystic kidney disease about 2 years ago. All of which was reported during my annual PHA. Recent pre-deployment physical flagged the condition and I am now on a permanent non-deployable profile. I had two main options, Formal PEB or early retirement/medically separated from the reserves because I meet the criteria for that. The issue is that my condition is pre-existing because it is genetic. I was not officially diagnosed while on active duty though I do have medical records indicating significantly decreased kidney function during that time. Had one of my medical providers pursued the medical evidence, I would likely have underwent MEB/PEB while on active duty. Be nature of the condition being pre-existing and having served > 8 years on active duty, the condition would likely have been compensable, meaning I would have been medically retired not medically separated.
Is it worth pursuing a formal PEB? Based on my kidney function, the PEB will likely find me medically unfit to stay in the military( I am not contesting this), then appealing the findings so that I can present evidence that the condition was pre-existing and that I was undiagnosed on active duty so that I can possibly be medically retired vs separated with Reserve retirement at 60. I am 40 years old, so that means I could potentially miss out on 20 years of retirement pay. I did speak with the OSC regarding my case and they recommended I request a formal PEB, appeal the findings so that I can submit new evidence,
I just don't want to fight a losing battle. I understand that there are no guarantees. thanks for the feedback.

SLT

 

[Dodger70]

It will come down to if your condition worsened while on Active Duty which can be in your favor. The key would be to show that the condition was worsened or aggravated while on Active Duty. That would come down to an MD saying this or having medical records supporting it that claim of decreased kidney function. It is in your best interest in your case to go through the MEB process. You might also want to consult with an Attorney familiar with the MEB/PEB Process. You may also have an argument that you fall under the 8 year rule also. I would seek out the best advice you can get. I think you have more to lose by not pursuing all available options.